2007-07-05 07:45:53 · 9 answers · asked by irene g 1 in Politics & Government ➔ Law & Ethics
You can notarize his signature, but I would have him get two witness signatures in front of you also. To be on the safe side call the probate court and ask.
2007-07-05 07:54:03 · answer #1 · answered by Lori B 6 · 0⤊ 0⤋
What's your question?
(1) As a notary, you should have a little book with information in it that should answer basic questions about the notarization process.
(2) For a will to be valid, it doesn't need to be notarized. However, if it bears a notary's stamp, that's a mechanism for demonstrating a date. This does not release the will from other requirements to be legal.
(3) If you're named in the will, you cannot notarize it. You are not allowed to notarize anything for which you benefit.
2007-07-05 07:55:38 · answer #2 · answered by Jay 7 · 0⤊ 0⤋
Not sure what the question is, but it shouldn't pose a problem unless you are a beneficiary under the will. Depends on your state's laws regarding notaries, but I'm not aware of any disqualification for notaries based on being friends. Another question is whether a will needs to be notarized. Most states require that they be witnessed by at least two witnesses and don't require notarization.
2007-07-05 07:52:11 · answer #3 · answered by John W 3 · 2⤊ 0⤋
I find it hard to believe that as a notary they do not teach you this.
Basically if you do not benefit from the transaction you are allowed to notarize it. However since there are millions of notaries in every state, just to be the safe side he should go to a bank and get it done by someone who has ZERO to gain in his affairs at all, so when he dies there will be no question at all if it will hold up.
2007-07-05 08:38:37 · answer #4 · answered by The Teacher 6 · 0⤊ 0⤋
It's ok to notarize it, I'm not sure how important that is without your notarizing the witnesses affidavits that make the will self proving. Most states allow self proving affidavits, but they must be sworn to by the testator and the witnesses before a notary. Generally, if the will isn't witnessed by the number of witnesses required by your state, probably 2, then unless the will is wholly in the handwriting of the testator it probably won't meet the requisites for probate.
2007-07-05 08:11:25 · answer #5 · answered by webned 6 · 0⤊ 0⤋
Your friend wants to have his will be self-proving. This is typically done where both the testator and witnesses sign in the presence of each other. The notary then takes an acknowledgment of the testator and affidavits from the subscribing witnesses to the will. There is also a combined form that meets the requirements of the Uniform Probate Code that combines both the acknowledgment and affidavits.
In instances where an attorney is present when a will is executed, there can be, as an alternative, an acknowledgment and affidavit of an attorney who was a witness to the will.
Under Pennsylvania law, 20 Consolidated Pennsylvania Statutes, §3132.1.
2007-07-05 08:40:31 · answer #6 · answered by Mark 7 · 0⤊ 0⤋
No problem as long as you are not in the will.
Basically all the notary is notarizing is the signature. In other words, is the person signing the document actually that person.
What the document contains is not important.
2007-07-05 07:57:40 · answer #7 · answered by Edward F 4 · 0⤊ 0⤋
you dont understand what being a notary means?
2007-07-05 09:09:07 · answer #8 · answered by DennistheMenace 7 · 0⤊ 0⤋
I don't think it would hold up in court.
2007-07-05 07:51:35 · answer #9 · answered by Sheila E 5 · 0⤊ 0⤋